Shri Babu Lal vs Lic Housing Finance Ltd
2013 Latest Caselaw 5495 Del

*                 HIGH COURT OF DELHI AT NEW DELHI

+                  RSA No.260/2013 and CM No.18850/2013

                                       Date of Decision : 27.11.2013

SHRI BABU LAL                                        ..... Appellant

                        Through: Mr.Mahesh K.Chaudhary, Advocate.

                                  versus

LIC HOUSING FINANCE LTD                               ..... Respondent

                        Through

CORAM:
HON'BLE MR. JUSTICE V.K. SHALI


V.K. SHALI, J. (ORAL)

1. This is a regular second appeal filed by the appellant against the

order dated 09.09.2013 passed by the learned ADJ in RCA No.14/2012.

2. I have heard the learned counsel for the appellant.

3. The learned counsel for the appellant has not been able to show

that the present appeal involves any substantial question of law.

4. The appellant had filed a suit for declaration and permanent

injunction against the respondent. The said suit was dismissed by the

trial court on 16.01.2012 holding that no such declaration can be issued.

Feeling aggrieved, the appellant preferred an appeal before the learned

ADJ. The learned first appellate court dismissed the appeal. Still not

feeling satisfied, the present regular second appeal has been preferred.

There is a concurrent finding of fact returned by the two courts below that

the civil court does not have the jurisdiction to entertain a suit for passing

a declaration to the effect that the property in question was not mortgaged

when the allegation of mortgage is not qua the appellant but by the

previous owner. The suit was held to be barred under Section 34 r/w

Sections 17 & 18 of the Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002. I feel that the

appellant has not been able to show any substantial question of law

arising from the instant appeal. The same is accordingly dismissed.

V.K. SHALI, J.

NOVEMBER 27, 2013 dm